Mayor and Council - Regular Meeting

Adequate notice of this meeting has been provided to the co-star in the official newspaper of the Borough of Belmar and the Asbury Park Press, and notice of this meeting was posted on the Borough's website and at the Municipal Building. Take roll call. Councilwoman Kinney? Here. Councilman de Blasio? Here. Councilman Maroney? Here. Mayor Donovan? Here.

Do you stand for the Pledge of Allegiance? Please remain standing for a moment of silence for our troops, their families, and our first responders.

Thank you.

Okay, we will move on to workshop discussion. First, I would like to review and vote on nominations to fill our unexpired council seat.

I received an email from the Belmar Democratic Committee nominating three people to fill your council seat. They are Johanna Roper Robinson, Barry Lubin, and Mark Spagnuolo.

I'd like to make a motion for Johanna Roper Robinson. Hearing none, I would like to make a motion for Barry Lubin.

Second.

Okay, any other nominations? Okay, Councilman Kinney, is my mic not working? No. Councilman Kinney?

Yes.

Councilman de Blasio?

Yes.

Councilman Maroney?

Yes.

Mayor Donovan?

There you go. Okay. There you go. All right. Okay, you're going to repeat. I will.

Should I hold my hands up in the air? Just because you're wearing such a nice suit. Okay.

Okay. I, Barry Lupin. I, Barry Lupin. Do solemnly swear.

Do solemnly swear.

That I will support the constitutions of the United States.

That I will support the constitution of the United States.

And the constitution of the state of New Jersey.

And the constitution of the state of New Jersey.

And that I will bear true faith and allegiance to the same.

That I will bear true faith and allegiance to the same.

And to the governments established in the United States.

And to the governments established in the United States.

And in the state.

And in the state.

Under the authority of the people.

Under the authority of the people.

And that I will faithfully.

That I will faithfully.

Impartially and justly.

Impartially and justly.

Perform all the duties of council member.

Perform all the duties of council member. To the best of my ability. To the best of my ability.

So help me God. So help me God. Let's take a picture, everyone. Let's take a picture.

Basically. Basically. OK. Well, first, for workshop, I'd like to just go through the agenda, and then we'll move on to a discussion on limiting construction hours on holidays and weekends, which I know, Councilman, that you have been on zoning board and have a thorough understanding of the issue. OK. OK. So first, for the consent agenda, Usual resolutions authorizing the payment of bills and authorizing refunds. The next one is a resolution authorizing a 25-day extension to third quarter property taxes. This means that it will be granted until August 24th with no additional credit. The next one is a resolution amending our minor land use application fees. This came under the heels of our last council meeting. This one says that applicants that require review three or more times will be charged an additional fee for each additional review. We then have some special events. This will include the Lake Como Day 5K, 9th Avenue Cure Mini Golf fundraiser, the Fallen Heroes 5K, the Borough Town Fall Wide yard sale and this engineer festival which will take place on september 19th this year with a rainy day of the 20th we have an authorization for a change order for the new boardwalk bathroom to clarify this doesn't add any additional fees or payments from the borough and that that project is slated for completion in until the august Now we have ordinances. These are second readings. The first one is that bond ordinance that includes two Durangos for the police department, various improvements to DPW building, turnout gear for the fire department, resurfacing and drainage improvements to Sixth Avenue, which is covered by a DOT grant. resurfacing to 8th Avenue from Ocean to D. That also includes drainage improvements and landscaping, which is also covered by a DDOT grant, replacing the municipal roof, and matching funds for the Shark River Basin grant. We also have a second reading of an ordinance that makes some transparency changes to our municipal structure. These say that any applications made for development must be submitted electronically to the borough clerk and sent to council. The zoning officer must create a monthly report and share it with council and the borough attorney must make quarterly reports about any claims on litigation and the borough engineer must make quarterly reports as well. And finally, we have another ordinance. This is also the second reading, which amends our municipal code, clarifying that the council, with two-thirds of the vote, which would be four votes, has the authority to remove the borough administrator. And I said this last time, but I also want to say again that these are all designed so that there are no surprises and that there's transparency between mayor and council, all of our department heads, that we're all working together, and that each member of our staff is accountable to the full government body. Finally, we also have an ordinance. This is also like the previous resolution. This establishes license fees. That would be $50 for work and child licenses, $50 during the first 30 days, and $100 after 30 days, but they're late. And then finally, we have a new ordinance, which is authorizing our SMRSA agreements. SMRSA is the Southern Monument. This basically consolidates our existing agreement and five addendums that have been added on over time, but makes no other real changes. So moving on then to our workshop discussion, which is a discussion of limiting construction hours on holidays and weekends. This was brought up by a resident during our last council meeting, and we will open it up to the days for discussion.

Well, I think it's a good idea. So I'm all in favor of this. Was there going to be specific holidays, or maybe all summer holidays? What's the balance? Only in the summer?

I thought the easy way to start was federal holidays. So that would include the summer holidays. It would also include Christmas. It would include, yeah, Thanksgiving. This also, our borough attorney sent out a memo about it because it was notable that our construction was mostly contained within our new lease ordinance. So we have to be very careful about thinking about what constitutes professional construction versus personal construction and how we either, would you lineate between those two or if we don't.

And one of the examples that was cited in what we received from Mr. But they made the point that you sort of could jackhammer a piece of sidewalk outside the house during the holiday, and that would technically not meet the standard of being against law. So the fact that we're just gonna kind of do it on a broad base, I think is the way to go.

And as far as that goes, wouldn't that, Mr. McGill, go against our noise ordinance anyway? Or if they have a permit for construction,

Well, the odd thing about putting it in the noise ordinance is that the noise ordinance is to control noise, not construction. So I think what we have to do is, it would be a great argument if somebody's doing construction but not being noisy and goes in front of the municipal court judge Yeah, the judge will have to say, well, there was no noise, essentially, but it was construction. But we have other ordinances that deal with construction, although they limit the time. We have two. They're inconsistent. One starts at 7 in the morning. The other starts at 9 in the morning. So I think what we really have to do is keep it, Well, I don't know if we have to really take it out of noise because maybe we wanna write that ticket, but we really need to get it into either, well, there's one in the traffic section, but probably in the, the other one is in the street excavation sidewalks and curves, but maybe we need to find another home for it in our ordinances. And it has to be all in one place, and it has to say what we want it to say based on days, times, holidays, types of work. We have an exception in the noise ordinance for people. Homeowners can do their own work on a Sunday, provided they don't have a contractor. Now, I don't like that because I actually Who cannot participate in this, I pretty much have free reign. So we need to figure out what we want to do in that regard. And the other is that you can do work inside. I don't know if we want to do that.

I'd also point out that one of the reasons that the resident was prompted to come and talk to us about that is because of the parking issue. So even if they're doing work indoors and there's no noise, a federal holiday may still prompt a parking issue, particularly if we're talking about equipment. And I forget what the terms are here. This is not service and mobility vehicles.

You're looking at me like I'm there to be any help. Do you see any enforcement issues you can flag here as we're talking about this?

Any enforcement issues? No, I mean, if we get a call for noise or construction during hours that they're not supposed to be doing it, we'll go and check it out.

Okay.

Yeah. Okay.

So this would basically mean we would have to change the ordinance for parking to no commercial vehicles on the street on a federal holiday also, correct? Is that kind of the direction we're going with that also? I'm sorry, your question? So you know how our ordinance says we can't have commercial vehicles overnight on weekends, right? Okay. So that would include now if we wanted to say no commercial vehicles on a federal holiday also.

Right, we could do that, yeah. Sounds like we want to move forward with this. Yes. So if I could get some direction as to what you want to do so I can amend the ordinances accordingly. Do you want me to put together an ordinance dealing with all these issues and we'll put it in the ordinance where it makes sense? repeal what doesn't make sense and i'll have the ordinance it you know in whatever how many paragraphs it takes but it'll it'll be all consolidated you can look at it if you don't like some of it just take it out we'll put something else in and then we can craft it that way that sounds good and then we should have a um

more easily accessible version to update all of our construction companies around so they understand the new rules.

It would be nice to notify you, but there's a lot of those. You know, it's like, that's the law, that's the law. You can't say you didn't know. I don't know if I'm in the business of asking lawyers to raise the accessible things, but we can work on it.

Contractors look up the town ordinances. Contractors should look up the town ordinances. We work in all the towns. Everyone's different. They should be responsible to look that up.

Well, I suppose instead it should be in that resident's end so they're aware of what they're entitled to.

Well, we can put it on the website. We can put a notice up that the ordinances have changed because I understand if they They're operating under the old rules. They're not going to check on ordinances. But yeah, so as a courtesy, put up just a notice saying, rules have changed. I don't know if you want to post the rules or . OK. Thank you. Yes.

All right. Thank you, .

At this point, we can close workshop. Do we have any petitions?

Mayor, did not receive any petitions. Having no petitions, we can move on to approval of minutes. Can I have a motion to approve the July 14th minutes? Motion. Second. Okay. Can I get used to saying it? Yes, Councilman Lubin.

Abstain.

Councilwoman Kinney. Yeah. Councilman de Blasio. Yes. Councilman Maroney. Yes. Mayor Donovan?

Yes. OK. And we'll move on to reports of council.

Council member, would you like to add anything?

those of you that put me up here.

First, the mayor, and the rest of the council. To my wife, who's not here this evening because of a long scheduled engagement. Also, thank you to my fellow nominees, Johanna and Emma. The Dems Party, who put me on the list, and their support. The people of Belmar, who I will spend the next few months doing everything possible that I can do to keep this a wonderful place to be, to live, and moving Belmar forward. And finally, to my mom and dad, no longer with us, who taught me to be a good person.

Okay, so the Shade Tree Commission is working towards amending their tree ordinance in town. This is going to clarify the law about permits, hazardous trees, etc. We also, as the Shade Tree Commission, will award a $25,000 grant, which is going to help improve our tree inventory, help with maintenance and pruning and fertilizing our beautiful trees in town. So that was awesome. Recreation, the movie's on the beach tomorrow night is Freaky Friday, starts at dusk. Piano Plaza, the band this Friday is the Matt Coffee Band. Couple sign-ups, the full rec sign-ups, soccer rec sign-ups are still happening, season starts in September. Full tennis sign-ups, boys and girls sign-ups start August 1st for September. And the Del Mar Lifeguards hosted their home lifeguard tournament on Wednesday, July 15th. Nine beach towns were invited, and Del Mar came in first place. So congratulations, Harry Harsin, and all our amazing lifeguards. And the Del Mar Junior Guards had their home tournament on Thursday, July 16th. Towns from all over the Jersey Shore from Sea Isle City and LDI as well as most of the Monmouth County beaches were participants for the Junior Guards Tournament here in Belmar. We had over 570 kids. So I want to say congratulations to Nicolette who does an outstanding job with our Junior Guards here in Belmar. I'm heading up a newly formed parking committee in Belmar. So I have a dedicated group of Belmar residents and Belmar businesses. We're going to start meeting monthly to talk about working to improve parking conditions and enforcement in town. And our first meeting is the first Friday of August. So I will keep you all informed about what happens with our active parking committee. And that's all I have. Thank you, Council President. Councilman Iglesias?

Yes, we had our planning board meeting last week and we continued our conversation with reports to our planner discussing our master plan and how to move forward with that and get amendments or adjustments as we update the master plan. Harbor Commission was an exciting one being it was the first meeting after their bridge closure and the issues on July 4th. Mayor Donovan and I were there and talked a lot about an emergency plan for when these types of events do happen, whether they were planned or alerted. We were talking about getting New Jersey Transit to give us more of a heads up regarding their closure. We also had some good talks about the marina itself and updates to it. We're looking into benches around the marina. We're looking into some ADA grants. Some of the commercial boats were very interested in looking at getting a handicap grant to get on boats like the equipped as fishing boats. So those are some grants we're definitely looking into, and it was very well received by the board and its meetings on that already. So we've got the benches and the ramps. Just a reminder, we do have the farmer's market every Sunday. I got to it right up there this weekend and had some fresh vegetables and mozzarella. And then the last thing is I got some emails over the week, especially this weekend, regarding the lines at the Fifth Avenue bathroom. They were down the boardwalk quite a bit. We have been working on this Third Avenue bathroom. I brought it to our engineer's attention in March. The issue is that the trailer that I wanted to bring there is being used in 16th Avenue right now. So that application, I never made it to the county. But it is an application that is similar to how 16th Avenue bathroom is right now. It is an application we're gonna be moving forward with as soon as we free up that trailer. And hopefully the county's okay with us putting it on the 3rd Avenue side. That is a goal of mine and I think ours, but we will continue to work on that. But we need to free up that trailer on 16th Avenue. And with the bathrooms not being complete yet, we could do that this summer. Hopefully this gets better for the near future. That's all I have.

All of this stuff's always taken by the time everybody gets to me, so I just want to congratulate Councilman Lubin on his election today, and looking forward to working with him. That's all I got.

Thank you. Thank you. Well, Councilman Maroney, you neglected to mention one thing, which is that thank you for participating in our town hall that was held earlier. last week. It was a very great turnout. We had about 100 or more people who came, I believe, in a robust conversation. So between that and I had the first coffee with the mayor.

The first coffee with the mayor on Sunday, which I gotta say was only slated for an hour and we went three hours.

So I see Kyle back there. She was a part of that conversation and we talked about everything from the master plan to a potential dog park and everything you can imagine in between. So it just to me underscores how much the people of Delmar really want to be involved in their government and want more information. And we're here to give as much to you as we possibly can, including if you look out on the table when you're exiting or when you came in, there is a QR code there to sign up for the newsletter. We have that almost about ready to go. So I wanted to give everyone one more chance to sign up for that so you can get everything from links to the audit to announcements about group closures. I want to say thank you to DJs and to OHI for the Sandcastle competition. They help sponsor that every single year. It's an incredible event. We were there to hand out prizes and it's incredibly heated. It's always, I swear, the hottest day of the year. But it is a great time and it's no surprise that those groups know how to make a really good and healthy time. I also want to thank Council President Kinney for heading up the parking committee. She really did find great people to put on it, and we're looking forward to hearing their conclusions. I also, speaking of thank you, want to thank the Union Fire Company because I've met with them now twice, and they are being incredibly cooperative and are working hand in hand to help the borough move forward with plans for that building and get it cleaned up. So we thank them for that. those incredibly important in the borough as well. I want to also say congratulations. I want to add on to the congratulations to the lifeguards because we also got a report. They made over 60 saves this weekend. You know, they are truly first responders in every sense of the word. And an incredibly busy weekend where we sold over 9,000 badges each day. So that's just our daily. That doesn't include, obviously, the people there who are veterans, our first active military children, season ticket holders, badges, tickets, our seniors. An incredible amount of people who come to the beach here in Belmar, and they do an incredible job as does our beach front staff. We also have a planning board. I want to just add another thing to the planning board, which is I really want to encourage everyone to come to the next planning board, because right now we are working on the master plan. This is an incredibly important document, and we're not only just talking about a great store infrastructure, but we're also talking about what Elmer is going to look like. And I know that it's so incredibly important to everyone here and to residents throughout the town, whatever we're talking about, the trees that are planted, to what our main street buildings look like, to creating these intentional spaces in all of our green areas. So please come out. When is the next one? When is the next one? When is the next one?

It's on the 17th, August 17th at 7 p.m.

Yes. It's Monday night. Yeah, Environmental Commission, they continue to do incredible work. They are wrapping up the planning process for the Cleary Park Subcommittee, which will be an incredibly exhaustive repertoire of what they're looking at from the road to the debris to just areas of the park that need work between the bulkheads that are there that need extra help. So thank you to them for all of that hard work. I have met with so many of you. I have tried to reach out to pretty much all of our commissions and committees. I know the Army Corps this week, and again, I just want to emphasize how much you guys have responded to the increased opportunity to contribute to everything we're doing up here, so thank you.

Next, we have a public session. If anyone would like to Ask a question or comment about a resolution on the agenda, please step forward state your name and address Motion to close the public session Motion Second All in favor? Aye Can I have a motion to approve the resolutions as listed on the consent agenda? Make a motion I'll second Councilman Luebgen?

Yes

Councilman Kinney? Yes. Councilman de Blasio? Yes. Councilman Maroney? Yes. Mayor Donovan? Yes. Next we have our first ordinance is Ordinance 2026-9. This is a bond ordinance providing various capital improvements and acquisition of capital equipment. This is open for public hearing if anyone would like to comment on the ordinance. Can I have a motion to close the public hearing? Can I have a motion to adopt ordinance 2026-9? Motion. Second. Councilman Lubin?

Since I wasn't up here, I'm abstaining.

Councilman McKinney? Yes. Councilman Delazio? Yes. Councilman Maroney? Yes. Mayor Donovan? Yes. Next is ordinance 2026-15. This is an ordinance amending chapter 40. various sections. And this is open for public comment.

Hi, Ken Pringle, 203 First Avenue. First, I want to apologize to Mike Baskin because I parked in his parking space. I did not say acting CFO, so I thought it was okay. Sorry, the treasurer. I left the treasurer's space open for you. And Barry, I had planned, I didn't expect the outcome, I had planned to say, boys and brides may never bride, to you, having not been chosen the last time, and then here you are, you're the bride today. Congratulations. Thank you. I would compliment you on the ordinance. I think this is a very important ordinance that you're doing today. But a couple comments, though. One is, in our redevelopment ordinance, section, I think it's 1.1, Review of Applications for Redevelopment. It was amended. It originally provided, I'm pretty sure during my tenure, but certainly the 2011 version that we have posted, stated that applications for redevelopment get presented for a consistency review directly to the Mayor and Council. And that meant that automatically got to you all at the same time. It didn't have to be given to someone else and passed on to you. It started with you. And it would be part of the Open Public Meetings Act, and it was designed to be a public event so that the public would know right away. And it was also designed as a consistency review, which in my experience over the past two years in dealing with our development council and the professionals, they've treated it as a completeness review, that they get to play with it for as long as they will. I should say that what changed in 2012 was that that provision was amended to say that it's no longer submitted to the mayor and council. I'll read it to you and I'll tell you what it means. It says that it's First, the application for redevelopment shall first be reviewed by borough staff and professionals for consistency determination, which shall include, not be limited to, a whole bunch of stuff. And in my experience, that was used as an excuse to keep document from becoming public, keeping the application from being public. In fact, we filed our application for the 7th Avenue project, which to this day, despite my requesting last December a public meeting that he posted so everyone could see for what it was, is still not anywhere listed on the borough's website. And no offense to you, April, I don't think you had anything to do with that, but whoever made that determination, I think that was absolutely wrong, and it should never have been that way. We submitted it to the planning board directly, because that's what the statute says. The statute says redevelopment applications shall be submitted directly to the planning board as a preliminary final major site plan application. And when we did it, I got it back. The whole thing got sent back to me, including the application, got returned to me by email stating that we could not file it with the planning board because it had to go through and I think it's within the town's rights to say it's not complete and therefore can't be on the planning board's agenda, but it's still public documents. A public document should be a public document the moment you file it, and it should be available for anyone. Now, what your ordinance here does is provides transparency between the mayor and the council. And I can't stress to everybody in the audience, in the public, and to you all, meticulous it is that we have to do an ordinance requiring our mayor to share information with the members of the council, who, by the way, under our form of government, and I think the strong mayor thing is a completely wrong description of the mayor, but the mayor has exactly the same rights as the other council members, no greater or lesser than that. He gets to preside over the meeting only when he's there, but there's no other rights that go into this. So that's a great step, but it got changed in 2012. And by someone who recently complained about strong mayors and claimed that the mayor had the right control to make the determination of what got decided, what kind of major developments moved forward. That only happened because mayors play hide the ball. The mayor plays hide the ball and keeps the information about an application, holds it until it has to become public, And meanwhile, it's progressed. The developer starts to think that he's got rights that's going to move forward. The council's in the dark about it, doesn't know. And then suddenly, it's sprung in the public almost full blown. And you can't blame them for thinking things are corrupt or there's improper activity going on. And the poor council sitting there, they don't know any more than the average citizen. The part we're missing is transparency is about us. It's not about you. That should be a given. Transparency is about the people understanding and learning about what's happening. And in a format that enables us to do something about it. Not telling us after the fact. Not making us go look online to see what's happened. The one point I would make on this though, on development, everything's a development under the usable language law. variants for a porch or anything is a development. So you're gonna have, you'd be amazed how many development applications actually get made in town. This list could be very long and people are gonna get bored picking through it to try to find the big stuff. I would define major developments as the things that you should focus on. You can find obviously these redevelopment applications, but also building success of height, exceeds some of the density value, density limitations we have. Oversize, you can pick them. I mean, the things that would bother people. Everything else is gonna get, if there's a variance, they'll get a notice in the mail, they'll go to the Twitter feed. People don't care. So that would be my final suggestion. But I also would suggest on the other part, and this is getting a little off topic, but think about having an advisory committee of citizens on the issue of transparency. And start with an inventory of the things that you do that are transparent. And these shouldn't vary in provisions throughout the ordinance. There should be a section you create on transparent government, and you put everything there. And including a transparency, an inventory list that gets posted and updated. You can do that by resolution. But the things that let people know what we're doing as a community to keep each other informed about what's happening. That's it. Thank you.

Thank you, Mayor. I want to first, if we could just put notes. One, I agree that it's ridiculous that we had to do it. Absolutely. But here we are. It was important to me to get these done. Our council can tell you that this was the first thing I brought up when we knew that we were having a changeover. But I also want to emphasize these are first steps. There's so much more to do. There's so much more we want to do. I'm very happy to talk about ordinances that bring transparency further to the public. I think that's incredibly important. And I also love the idea of a section on transparency in government on expansive and non-part ordinances. I think that's a really great idea. So thank you.

OK. Any other comments? Can I have a motion to close the moment hearing?

First and foremost, I apologize for being late. My name is Tony Almeida, 419 10th Ave, Belmar. Unfortunately, I just got out of work. Thanks for everybody for what you guys do. If I'm repeating myself, just stop me. I had gone into the clerk's office last week regarding the construction site on- Hold on, sorry. Didn't interrupt you.

This is just on the ordinance.

I figured I was early.

Sorry. Thank you.

Can I have a motion to close the public hearing? Motion.

Second.

Okay, can I have a motion to adopt ordinance 2026-15?

Motion.

Second.

Okay. Councilman Lubin?

Abstain.

Councilman McKinney? Yes. Councilman De Blasio? Yes. Councilman Maroney?

Yes.

Mayor Donovan? Yes. Next is Ordinance 2026-16. This is an ordinance amending and supplementing Chapter 2, Article 3, Section 13, Department Ends and Subordinates. And regarding the Office of the Borough Administrator, this is open for public comment if anyone would like to speak on the ordinance. Can I have a motion to close the public hearing?

Motion? Second.

All in favor? Aye. And I have a motion to adopt Ordinance 2026-16. Motion? Second. Councilman Lubin?

I agree with it, but I still have to abstain.

Councilman Kinney? Yes. Councilman de Blasio? Yes. Councilman Maroney? Yes. Mayor Donovan? Yes. Next, we have Ordinance 2026-17, an ordinance amending and supplementing Chapter 20 licenses. Do we have a motion to offer for first reading and introduction? I'll make my motion.

Second.

Councilman Levin?

Yes.

Councilman McKinney? Sorry. Yes. Councilman de Blasio? Yes. Councilman Maroney? Yes. Mayor Donovan? Yes. And last one is Ordinance 2026-18. This is an ordinance of the Borough of Belmar authorizing the execution and delivery of a 2026 amended sewer service area agreement with the South Monmouth Regional Sewage Authority. We have a motion to offer for first reading and introduction. Motion.

Second.

Councilman Levin? Yes. Councilman McKinney? Yeah. Councilman de Blasio? Yes. Councilman Maroney? Yes. Mayor Donovan? Yes. Now on to the regular public session. If anyone would like to make a comment, please step forward and we're going to state your name and address.

So I apologize again for that. Sorry about that. I'd like to thank all of you. We have a new councilperson. A couple different things, and I'll make it as brief as possible. I think we as a municipality should set the tone for these construction projects that are going to be forthcoming in our community. And what I mean by that is simply this. We have a massive construction site on Route 35. To be blunt and honest, in my opinion, given my construction background, it is very neat and tidy and they're doing a tremendous amount of work in a fast fashion. With that being said, in my opinion, they have a responsibility to keep all the sidewalks on 10th and 8th Avenue and Route 35 completely free of debris. I don't need to drive by and come over the hill and see weeds that are taller than the fence. I don't need to see residents of our community pushing strollers and watching the strollers get tangled in the weeds. By addressing this issue promptly, it will set the tone for the other developers. This is what we expect, and they have a responsibility to do it. We don't need gravel on Route 35. We don't need six-foot weeds growing out of the sidewalk. It's two guys, three hours. It's cleaned up. It should be a requirement. Second thing is, it's my understanding that the planning board did a master review of our master plan. I am the vice chairman of the zoning board. I was not approached on my opinion or insight regarding this. I think that's kind of important that Mark and I and the rest of our group would have a say in potentially the revisions of any master plan. That's an idea. Since I'm up here, one of them would be is we need to address impervious, impervious coverage when it comes to driveways. This is the third year in a row. I am bringing it up. I am tired of talking about it. We need to address this immediately, okay? Off the top of my head, I don't remember which one is which anymore. But let's just say it's a hypothetical if you're installing a driveway whatever's in between the pavers counts as 100% coverage, even if it counts as 50% coverage. It's ridiculous. If it's stone, it perks. If it's grass, it perks. What happens there is people are putting in applications, okay, and they're defaulting on patios in their backyard because they're over coverage, and they're doing it illegally later. to get it fixed, I've been on the zoning board for five years, I'm tired of it, and maybe Mr. Lewin might agree, I don't know, but with that being said, those are my two topics, and again, appreciate all of you, and thanks.

Tony, that topic on the impervious coverage, we did, in non-planning, two years ago, address some of the gravel of the board of mind things, also, as, you know, engineers come with applications, they're funding your board, and it was confusing, because actually, there was a part where gravel entirely was 100%, impervious and we change that with our so that's more of a so every year zoning does a review and a report to planning board and the planning board suggests to council this would be my first year against a review that on council uh but that's something else we can talk about it doesn't have to be with the master plan that's more of an ordinance review that we could do uh this year for sure and i agree because anything that's in between if it's gravel should be 50 percent because we'll be allowing because it's not any living or absorbing the grass. It's just allowing it to burn. Thank you, Councilman.

I will say, I believe zoning does submit a report to Council over here. I know I read that one, and I'm happy to put it on workshop for the next meeting.

Can I say something? Yeah, go ahead. First, the Route 35 project, I did speak to the contractor this morning, and he is going to clear out the weeds. But also, for the master plan, I did provide Christine Bell, our planner, with the last five years of zoning board annual reports, and she did include them in the master plan.

And for the people in this bound that don't know, this is why our clerk won a state award.

But if you can come to the next meeting and we can put it on a workshop, I'm happy to invite you to speak on it again.

Shame on me, but given where I am right now and my state of mind regarding work, I'd have to just sit down and just take a harder look at it. I would recommend somebody like Ms. Mary Hearn, who knows that inside out and backwards, and also Ms. Bell to address it where it's more beneficial for the municipality in general. It just makes total sense. And Mike, I couldn't agree more. It's not affiliated with that.

Impervious means water goes through it.

Impervious means concrete, and it's making sure I have my definitions correct. I am Carol Moore, 1206 Oakwood Road. I'd like to talk about commercial vehicles being parked on our streets overnight. These are the vehicles that are owned by the helmet owner. I live on Oakwood Road, as I stated. We are one of the narrowest roads or streets in our town. You've got parking on either side. You can only get one car down in the middle. I sit out there reading in the afternoon and I'm watching the Chinese fire drill almost. Who's going to move first when they come out? We have a neighbor who has a commercial vehicle. It's an enlarged van. It's elongated. It's a little wider. It doesn't really fit in the parking space. I printed out some pictures to exemplify what I'm talking about. Some of the pictures show how his truck is wider than me space. And on a street as narrow as ours, that's important.

April did send me this, and I sent the sergeant out to check on it, so I don't know where it's at. I have to follow up with them. No, I know where it is now. I'm saying the sergeant was sent in, I believe, yesterday or over the weekend to check on it.

Well, he's only there after like 4.30, 5 o'clock in the afternoon. And if our neighbors have gotten it, we don't like seeing it in front of our house either. because a lot of us sit outside. Our neighbors have started parking their vehicles on the street instead of in their driveway. He has room, in some of those pictures I showed, how he has room to put the truck in the driveway so it's not an eyesore to us. A few of those pictures also show how he blocks maybe a few inches, five, six inches of driveways And the one picture, he's doing both driveways. I go out, he parks in front of my one neighbor's house. I go out, I have a hard time pulling into my driveway. It's so wide. I almost do like K-turns just to get into my driveway when I come home. I'm lucky he respects my door so he doesn't always park in front of my house. But he doesn't respect anybody else. And I talked to Mr. Heisman and Avon, not Avon, sorry, Lake Como, and they don't allow any commercial vehicles overnight, no matter how many wheels are on the truck, no matter how many axles. April was nice, she sent me the ordinance, so I know it has to have more than four wheels, it has to have more than two axles, and it's supposed to be less than a certain, well, I didn't, It was a little confusing, so I didn't see the width. But I don't think this one fits within the width. It can't. I mean, it's wider than cars. And in a few of those pictures, you see how it's wider than the marking of this space. But it's ridiculous. I've spoken to people, and it's the same all around town. His vehicle one day, my neighbor had his. He came home and for some reason doesn't like pulling all the way up because in front of my house we can get three vehicles. My daughter came home from work and he was back so far she had to block my driveway. And I was going out that night. So I went by and knocked on his door. He finally came out reaching for the keys and I said, could you just please move your truck up just a few feet so Samantha can park. My neighbor with the pickup truck was leaving. He goes, I'll do you one better. I'll pull all the way up. I said, why? Just pull up. Leave that space for Chris. He goes, where else am I supposed to park? I said, your driveway. Now, his driveway is all rocks. He turns to me and goes, are you going to fix it? Indicating to me that his truck is so heavy, his driveway can't handle it. So if that's his thought, Even though right now when I left, his truck was in the driveway because nobody wants him parking in front of their house. So they park their cars, whether they have a long driveway or not, they park one of their cars in front of their house. So it has to be over the weight if he doesn't want it in his driveway because he thinks it's going to ruin his driveway.

Thank you. I'm going to take a look at the ordinance and see what we can do. What I keep thinking about, what my worry is, is we can't force people to park in a driveway because there's too many people who don't have a driveway. So we'd have to think about that if we were looking at the ordinance.

That's not really what I'm talking about. His truck is too big to be on the street. Plus, it's an eyesore. Who wants to get that when they're sitting out in front of their house? I mean, I go out and read every afternoon for a few hours. You don't want to see that in front of my house, and neither do my neighbors. Thank you.

Chief, does the van violate that ordinance?

It depends on the size and height of the vehicle. Is a commercial vehicle allowed in a homeowner's driveway if it's their business?

So it is.

Chief, is height part of our ordinance right now? Height of the vehicle or April?

It is 18,000 pounds or a vehicle is greater than eight feet in height. Eight feet in height.

Eight feet in height. So a thing like this would actually, it would be violating that ordinance by its height.

Again, the sergeant was supposed to go out and check on it when April sent it to me, so it's not answering me. I don't know what happened. Thank you. Oh, my goodness.

they'd have to come by late in the afternoon.

Hi. My name is Kelly Cruz, 518 7th Ave. Congratulations on your receipt. Thank you. I'm here today to address an issue we're having in our home. On July 9th, 19 days ago, a DPW worker came out to our house to mark the water line at the curb and attempted to turn off the water. While using a wrench as a hammer, he broke the pipe, causing a water leak. The worker then left as he was unsure how to proceed, but he did come back later in the day with a second individual who also tried to fix the break, but they were unsuccessful. We currently are doing work on our house, so our contractor was there. He notified me later in the day, and I did in turn contact the township, except the response I received was that unfortunately in Belmore, the homeowner is responsible for the water service. We then requested several times by phone and by email that the water be turned off as it was leaking, causing flooding in the street, and eventually flooded our sub-basement 11 days later. It was only at this juncture that the water was turned off to our house. It is, however, still flowing into the street as of today, and the water is accumulated all along the curb and continues to come out of the pipe, and anyone can drive by and take a look. We have now been told that there is only one private business that is allowed to come out and do the work, that our plumber is not allowed to handle it. We have also had to wait for an estimate of cost and pay prior to work being scheduled. There seems to be no urgency from the township to rectify the leaking water pipe. We need a better understanding of why this is not considered an urgent matter and why it is the homeowner's responsibility to coordinate fixing and paying for damage that the township causes. Why is there no sense of urgency? Why is there only one private company allowed to turn off the water and our contractor plumber cannot handle this situation whatsoever? What would have happened if my house was a rental where no one had noticed? Because no one from the township has contacted us first. For three days, all we heard was the ordinance of which I believe personally should never have been passed to begin with. because the state said everything from the street in is a homeowner's responsibility. I don't agree with that at all, nor does my husband, when we are not the people causing the issue. When the township causes the problem, the township should rectify the issue. And I think, like, what would happen if I was a senior citizen on a fixed income? This is costing over $5,000. And now it's being put upon us to pay that money before anyone will come and even fix it. What happens if this creates a sinkhole? I did see online that you are now paving 6th Ave and 8th Ave and completely skipping 7th Ave. And I don't understand why 7th Ave is being skipped because that's the one with the firehouse right down the street. And I'm sure they use that on a regular basis. Does that slow down their response time when they're having to slow down to go through all these problems? But that's another separate matter. The council's responsibility is to protect and support town's residents. The ordinance does neither. It merely passes the buck onto residents who may not be in a position to pay. And it is the township's responsibility. I would like you to review the ordinance And I would also like the township to pay for the damages that they caused. Thank you.

I know we've been in extensive contact with our borough administrator. I can tell you that we have been talking about changing the ordinance. We have a lot of complications with our large sewer utility. whether or not we can afford to change it immediately, frankly. But Mr. Administrator, if you could.

I'd be happy to, ma'am. Mrs. Cruz and I have talked on several occasions, Mr. Cruz as well. And it was a series of problems on the property that resulted in the water service being broken. We had something to do with that. However, we were called out to try to turn it off. The service was filled with dirt. They couldn't get the shutoff down. He tried to get it down, maybe inartfully, with a hammer or a wrench on top of it that caused it to leak. And it has been leaking, as Mrs. Cruz said. We believe we've got our arms around this right now. It has taken a little longer than we all would like. I don't believe that that caused any flooding in the property, Mrs. Cruz. I believe that four inches of rain and the crawl space was open last weekend, caused a lot of the water to go in there. And there was a, the meter was over, was taken out and there was another pipe put, hose put on and the hose clamp broke and it started flooding the crawl space there. As it relates to who should pay for it, we've gone back and forth about that. It is a private service from the water main into the house. We've looked at other municipalities, some municipalities, the town is responsible from the curb to the main, other municipalities do it exactly as we do it. I'm not saying that. I'm trying to give the mayor and council a little bit of an overview. The town, on an annual basis, bills property owners, like the Cruzes, to the contractor over $150,000 a year for breaks that go from the property to the water main. There's an argument that says why should other residents pay that money for a private water service? Some towns do provide it. Other towns do not provide it. So it's not an easy question. I know you folks have been wrangling with it for the last, I think, longer than a couple weeks. I think over the winter there were a number of frozen and broken pipes that the same situation happened. and the property owners were required to repair them, and we built them. So you continue to talk about it, but that's exactly what happened to the cruises. There was a problem. They tried to turn it off. I actually thought it was turned off.

The water to the house is turned off. The pipe continues to—it's a wide open pipe— The water is flowing out of it, like a little fountain, into the stream, and it continues to run continuously now for 19, 20 days. What that's doing to the ground underneath, we don't know. And I'd just like to clarify, there's a big difference between a natural line breaking just from wear and tear, and an employee taking a wrench and using it as a hammer to knock dirt off a pipe and cracking it. So it's not... And... my contractor has now dug out that hole all around that so the township can come and take a look at it at expense to us again so your township can come your employees can look and see what what's the issue is twice now and still nothing has been done i'd like to say i thought we were pretty responsive we haven't solved your problem but i've had a lot of dialogue

and so has our superintendent of public works with your contractor. So we're trying to be as responsive as we can for the problem, but it's not an easy fix. It's just not an easy fix at this point. The line for the gas went through it. We don't know what they did for the new gas line, Kylie, but.

Everything is marked, still marked. All the flags are still there. Bottom line is I'm being held hostage here. Either I pay, either I bring you a check tomorrow and pay this money, or the water continues to flow. That's really where we're at right now. So tomorrow I have to go to the bank, get a cashier's check for over five grand, bring it down to the township so the work can be scheduled, so we can be put on someone's calendar to get this done someday in the future. I don't know if the township really wants that water running and running and running Is it next week? Is it two weeks? Is it a month before that one company can come?

I can get you that answer. Why is there only one company?

Why is there no competition here? Because they're trying out whatever they feel like. It's a monopoly. It's a monopoly. That's crazy. I mean, you have to have two.

There's a public bid. And I review this. There was a public bid. And there's a rate. So is it agreed, and it hasn't been raised in over two or three years. It was an extent, and we extended his contract now. Why is there only one? That's part of the ordinance I think we should look at, that there is only one. It's a top name, and that's why there's only one, but there is not a monopoly or anything, because they did, it was the lowest qualified bid

My understanding is that with other vendors, they would come in, they would do work, and then would have to call someone else to come fix their work. Apparently that was a recurring issue.

And just for transparency, we're paying for the work, but we're also paying for the police officer who has to sit there, and we're also paying for the street to be put back together and patched back up. So it's like 4,000, 1,000, and then almost another 1,000. So it adds up. And I think it's actually 600. So it's over like 5,500.

Just a question. Why are we not shutting the water off? We really can't get down to it. I thought we did. I thought we did shut the water off. Well, I thought we shut it off completely because they said as a result of the water coming out of the pipe, it cleaned it out. Then I'm mistaken. I did not think the water was still in the gutter.

No, I was just there the other day. I took a video of that. Thank you. Thank you.

happened in 2020, December 2020. It was a cost-saving measure. I had a legal secretary in my office who had a broken line on 16th Avenue. The county wrote. She was being given the same thing. You have to pay for it, brand new ordinance. Unfortunately for her, it had not been in effect for 20 days, so it hadn't taken effect yet. So I was able to make clear to them that they couldn't enforce it against her. But there was no provision for the bidding by contractors. They were told, she was told that you have to use I'm pretty sure I opened the bid and there was no such bid document. She was told that you can, I was told when I asked, that she can have her own contractor. I said, this guy's on the list. I said, well, how do you get on the list? He says you do a job for someone, not explaining really how suddenly you break into it and get to do the job, but if you do a good job and you're satisfied with the work you do, then you get added to the list. And I said, well, how many people are on the list? Two. The guy you talked about and some other guy who, not really sure how he was getting all the work, but there was no bid for it. And I asked the borough, administrator at the time to they should investigate that because i thought that wasn't right and i'm not sure whatever became of it but it makes i mean i get the money part of it but these roads are we can't control what the trucks are that's what causes it you know the heavy trucks that's what happened on on main street with the folks who led another county road by the way and um It's like a reverse lottery. You suddenly get plucked out of oblivion and you get smacked with a bill you have no reason to have to pay. This is a particularly egregious story, but even if it's just wear and tear, it's our system. We suddenly, overnight, in a meeting here four or five years ago, declared that this problem infrastructure that we know is a problem, a lot of it is, is land or zinc, and we now bequeath that to people. We said, this is your problem. Lines that we've had in our ground for 30 years, 50 years, maybe longer, we suddenly said, from now on, without even you knowing whether or not the main is on the far side of the street or the near side of the street, this is now your problem. Nobody knew about it. It just got passed. No one really understood the implications of it. And now, I get that it's an expensive problem, but, you know, you've got so many problems in the water utility, not even funny. And I'm not even sure we understand what all the problems are. But this is one of them, and I don't think you can solve it by just saying we can't afford to fix it, right?

I've been attending these meetings for 11 solid years now and probably attended more meetings than everybody except for April that's sitting up here. And I just want to say I've received more information in the past month than I have in 11 years. So keep up the good work. Thank you.

Hi, Rositello, 14th Avenue, Belmar. First, Mayor Donovan, thank you for taking time Sunday and answering questions that we had no answers for. And you answered a lot of questions. To the chief, yesterday I made a phone call to the dispatch. We've got a real cat problem in this town. A lot of people come down for the summer, and they want to have an animal for their kids, so they get them a cat, and then they leave. And they leave the animals here. Last year I had a really bad cat problem on my property. They destroyed all my patio furniture. They were doing their business everywhere. They destroyed so many things. Called animal control and I don't know what happened but they suddenly disappeared last year. Well, mommy cat's back with a whole load of kittens and there they are. They're doing the same routine as these other cats did. So I called Belmar police yesterday and dispatcher got my information and said someone from animal control will contact you. Thank you, Chief Tina. Within 10 minutes, animal control was at my house. 10 minutes. I can't take credit for that. 10 minutes. So dispatch really moved fast. They came over, the young lady came over and showed what was going on. She told me the information. I gave her all the information I had. She told me, she gave me some suggestions. And she said she was going to forward my message to someone at, what's it called, trap, neuter, release. I'm like, great, you're going to trap these animals, you're going to neuter them, and you're going to let the darn things back here? I don't want them back here. I said, I'm allergic to these cats. I don't want the same thing to happen to them, but I don't want them there. So I got in, she gave me an email address, and I emailed the young lady that was in charge of that. She emailed me back today, so now she's kind of playing email tag back and forth. So, you know, a lot of people think that, oh, the police department is running around doing this, doing that, and they're doing their patrols, but it's little things like that to somebody else means a lot to me. Today I was out, I came back, and I'm coming around the corner, and there's this dog that's loose. And I looked at it and said, oh, is that a pit bull? What is it? I didn't know what it was. And it was roaming. And all of a sudden, it jumped up on my neighbor's garbage can, knocked it over, and started to have a feast. I'm like, eh, something's wrong here. So I called Belmar police. And again. Within, I don't even think it was 10 minutes, there was an officer there, and when he got out, he said, oh, we're here because he said it was a pit bull. I said, well, it looks like a mix, but I wasn't sure. He said, I don't know whose dog this is, but it's just roaming around. And he opened up the police car. He opened up the door to the SUV, and the dog just jumped right in. And I guess he took him back to headquarters. So, anyway, that's that's Not important to somebody else, but it was important to me. Yeah. All right. Thank you. Thank you. Anyone else?

All right. Is he coming back up?

Throwing something up. I apologize and I should be capped and all residents should be capped to a certain time frame. Regarding the infrastructure, I just looked on my phone. I built a home in this town in 2022 and I had two options for water and sewer at that time. I'm not going to disclose the two companies. I will tell you one was significantly higher than the other. They're both reputable contractors. In Mr. de Blasio's defense, I did heavy highway utility my entire childhood and early adult life. Typically, it is a bidding process. and in agreement with you, some municipalities make the responsibility from what's called the curb stop, which unfortunately happened to our resident and broke, back to the house. Other municipalities make it from the house all the way to the main. With that being said, uh and not to go down rabbit hole but since we're just talking about this is it's my understanding that this sewer line was just being lined on eighth avenue right and now we're gonna send out if it's not publicly bid already i think a contract was awarded to pave eighth avenue is that correct well rule of thumb is you take care of the utilities in the ground then you pay Because what happens is in this lady's defense, if all of a sudden Seventh Avenue gets paved and you have three or four water breaks, they got to open up the roadway, right? So that's something to consider. For what it's worth, I was responsible for the costs associated with this meeting from there to my new home for my water service. I did not have a break or have to open the streets. an unfortunate circumstance but it sounds like if the dpw or whoever didn't break the valve stem then the borough should be held accountable with that being said and i know ms donovan is not going to bring this up we are awarding a project on 8th avenue to pave from i'll call it the circle all the way down to ocean avenue i can tell you my family and i own a house on 8th avenue it is severely damaged from the 500 block, which is D, all the way up to St. Rose. When you have a general contractor come in, or a project of that magnitude, it makes sense in its entirety, if it's within the budget, to pave the entire street. Because 8th Avenue, from again, from D going, which would be due west, There is constant puddling of water along the north side of that road every single day. And that's because the pitch does not take the water through the drainage systems. And in some of our naming driveways there, the road is open four and a half feet off their driveway and filled with stone. Unacceptable. Unacceptable. So it's at that point, if it's in the municipal budget, maybe a change order should be looked at to finish paving it accordingly, or at least let's get rid of a double wide driveway that's filled with stone in a municipal railway. So again, thank you.

So there is an engineering plan, Tony, and just for you, Mrs. Cruz, too. We didn't skip seven. There is an actual 10-year plan. And whether or not we can amend that plan at this point in time is something we for sure probably should look at. But there is plans moving forward, what lines are getting done, and et cetera.

And I would say in general, too, when we talk about 10-year plan, What we should be doing is vaping and doing roads every year. We haven't been doing that. We need to look at what the most responsible way of going forward is so we can get more of that done more quickly because the need is pretty dire. And for the record, the reason he said I wasn't gonna bring it up is because I live in that area.

I see that it's a need there, and I have reviewed that plan. It's actually pretty well thought out and clearly identified. But it's just things for residents to consider. There's a cost when you pave a roadway, and then you've got to fall back five years later and replace everything that's underneath. Absolutely. But you can't do it all at once because it's exorbitant and super expensive. But I would consider taking a look at the D to E at least. Somewhere in that 500 block maybe? I would highly recommend that all the TPW goes out there and takes a look at it. If you have a double wide driveway apron that's filled with three inches of stone right now in the right of way in the road. So clearly that needs to be addressed. It just can't stay like that. The water on the opposite side of the street is not fishing to the catch basin, but if that's for the next time, then that's for the next time.

Thank you.

Appreciate it.

Dan Lang, 14th Avenue, Belmont. Regarding the ordinances regarding business trucks, we have a gentleman on our block who has a double, it's like a double cab, but it's not his business truck, it's his employer's truck. He brings it home every day, parks it across the street. Now that takes up two spaces, and his wife parks her car in the parking driveway, Everybody else has to park from the corner of K Street up to that house and get going now. What can we do about the ordinance saying keep your business trucks with the business, use your private cars to come on with it? He parks that thing every day. And when he was with another business, did the same thing. So it's just, you get tired of looking at the raccoon I don't know if we can do anything about that kind of an ordinance. I know the ordinance says for double wide trucks, double axles, I believe. I may be wrong, but something needs to be addressed so that you keep a kind of consistency, not only for business trucks, but for the people that have their employer's trucks there all the time. Thank you.

Hi, I'm Jane Simmons, 1613, Route 71. I'm actually in Wall. The reason I'm here tonight, I just wanted to congratulate any new appointees to the council. And I'd like to just reintroduce an organization that I'm representing. I'm with Friends of Belmar Skate Park. We're an all-volunteer nonprofit that's fundraising for building a new skate park in Belmar. We officially established our nonprofit in 2024. And our small group of volunteers have been fundraising for the past few years and have so far raised about $50,000. Our goal originally was A million dollar state park, we're not getting there too quickly. And one of the reasons I wanted to come up and speak tonight, I wanted to maybe talk to the council about help with getting some grants. Because I understand that Belmar has a staff grant writer, or a contracted grant writer. And I was just hoping that something that would help us boost our momentum.

Thank you for going out. We are incredibly supportive of Council Portsmouth and the State Park and of course looking to some grants. Thank you.

Thank you.

Thanks for coming.

I was telling them back. There was a discussion we had about a dog park. And some years ago, it was brought up about having it in the Cleary Park area, and I witnessed someone walking a dog, and when the dog was done doing its business, the person decided to kick the poop into the river. So I just thought, well, I don't think that's a good spot for a dog park. But there is a piece of land on Second Avenue and Ocean, a big triangle piece of land, and why wouldn't that be a perfect spot for a dog park? That's just a thought, because that Cleary Park is well used for families and fishing and picnics and everything else from Friday to Sunday and even during the week, especially in the summertime. Weekends, it's very full when it's off season. So that was my thought about the dog park. I'm not against the dog park, but why not put it in that area instead of putting it at the Cleary Park area?

Kyle, we actually have a dog park on the beach. I'm sorry? We actually have a dog park. It's on the beach. On the beach. Between Spring Lake and Melmar. It's like 21st Avenue to the lake. One of the first beaches in Spring Lake.

I thought that was, for some reason, I just thought that was Spring Lake property.

It's a public dog park. During the summer, before 9 a.m. and after 6 p.m. I do this because I have two dogs. And then in the wintertime, there's pretty much no, you can go any time pretty much to bring your dog. So we do actually have a dog.

Some people weren't aware of it, so now that you mentioned it, that's good. Now we can make people aware of that. So we're going to have a walkthrough one of these days over at McClary Park to look at all the yucky boardwalk and... Tennis court falling apart and everything else. You were talking about it today. So you're not going to have Rhode Island Point be the forgotten child of the town? Oh, we've been actually looking for grants and applying for grants at the group. Good. I want to see that place get back up to snuff like it was. Thanks. Thank you.

Anything else? Can I have a motion to close the public session? Motion. Second. All in favor? Aye. And our last item is Resolution 2026-157, a resolution authorizing the Council to adjourn into executive session. Whereas it has been determined by the Council, the Borough of Bundlar, that it is necessary to discuss the following specific matter at its regular meeting in the absence of the public, which is contract negotiations and pending and potential litigation. whereas the Open Public Meetings Act permits the Borough Council to exclude the public from that portion of a public meeting during which such matters are discussed. Now, therefore, be it resolved by the Borough Council as follows, that the Council shall recess into a private executive session from which the public shall be excluded, that the scope of the executive session shall be limited to the above matters as stated, that those matters discussed in the executive session shall remain confidential until such time as the need for confidentiality no longer exists as determined by the borough attorney, that minutes of the closed session shall be taken and kept free from public review until such time that the need for confidentiality no longer exists, and that the regular meeting of the council shall resume after the private executive session, at which time the council may take action in reference to the topics discussed. Do we have a motion to offer this resolution? Motion.

Second. Okay.

Councilor Lubin?

Yes.

Councilman Kinney? Yes. Councilman DeGlasio? Yes. Councilman Maroney? Yes. Mayor Donovan? Yes. all right we're back in public session all in favor